The URL can be used to link to this page

2012-170s:llegal\our documents\ordinances\121kelsoe acquisition ordinance.doc o�nvaNCE No 2012-170 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) FEE SIMPLE TO A 0.216 ACRE TRACT; AND (II) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT, ENCUMBERING A 0.152 ACRE TRACT, ALL TRACTS LOCATED IN THE M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NUMBER 1469, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENER.ALLY IN THE 1500 BLOCK OF NORTH MAYHILL ROAD (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO JERRY M. KELSOE (THE "OWNER") TO PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE PRICE OF TWO HUNDRED NINETY NINE THOUSAND SEVEN HUNDRED NINETY SIX DOLLARS AND NO CENTS ($299,796.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AUTHORIZING RELOCATION EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and necessity and the public use and benefit to accrue to the City of Denton, Texas: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, The Council finds that a public use and necessity exists, and that the public welfare and convenience require the acquisition of the Property Interests by the City of Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition of the Property Interests is necessary for public use to provide street and roadway expansion and improvements to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The City Manager, or his designee, is hereby authorized to malce a formal offer to the Owner to purchase the Property Interests from the Owner. SECTION 3. The City Manager, or his designee, is hereby authorized to execute for and behalf of the City (i) the Agreement, by and between the City and Owner, in the form attached hereto and made a part hereof as Exhibit "B", with a purchase price of $299,796.00 and other consideration, plus costs and expenses, all as prescribed in the Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the Agreement. SECTION 4. The City Manager, or his designee, is directed, by certified mail, return receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the City relating specifically to the Owner's property and prepared in the 10 years preceding the date of the offer made by the Agreement. SECTION 5. The offer to Owner shall be made in accordance with all applicable law. SECTION 6. The City Manager is authorized to, make expenditures in accordance with (i) the terms of the Agreement; and (ii) Ordinance No. 2012-073, dated April 17, 2012, pertaining to relocation related expenses and advisory services. SECTION 7. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 8. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � day of �, 2012. i � �� MA A. RR GH AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: AP OVED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: ,�;. � f� i�,-. ; } � ' EXHIBIT "A" - to Ordinance (Property Interests) rthur Surveying Co., I nc. �.°xof�es�.iorsaY L�'d Suxsre,�mxs P.O. Sox 54 �• Lewisviile, Tex�s 75067 Ot�icE: (972j 221-9439 -- Fax: (97�) 221-4675 EXHIBIT "A" MAYIiILL ROAD RIGHT-OF-WAY PARCEL M024 0.216 Acre City of Denton, Denton County, Texas BEING a11 that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Co. Survey, AbsU•act Number 1469 and being part of that certain tract of land described by deed to Jerry M. Kelsoe, recoa•ded in Volume 1823, Page 134 of the Real Property Records of Denton County, Texas (R.P.R,D,C.T.), and being more particularly described as follows: BEGTNNING at a"PK" Nail set in Mayhill Road for the southeast corner of said Kelsoe tract and the northeast corner of a tract of land descriUed by deed to Ea�•1 Edwards and wife, Ruth Edwards, recorded in Volume 1546, Page 775, R.P.R,D.C.T; THENCE South 80 degrees 18 minutes 15 seconds West, with the south line of said Kelsoe tract and the north line of said Edwards tract, a distance of 66.55 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for corner; THENCE North 02 degrees 46 minutes 43 seconds East, over and across said Kelsoe ixact, a distance of 178.06 feet to a 1/2 inch iron rod with yellow cap stamped "A.S,C." set for corner in a northeasterly line of said Kelsoe traet and a southwesterly right-of-way Iine of U,S. Highway No. 380; THENCE South 48 degrees 53 minutes 46 seconds East, with a southwesterly right-of-way line of said U.S. Highway No. 380, a distance of 82.56 feet to a"PK" Nail set in said Mayhill Road for corner; THENCE South 02 degrees 40 minutes 25 seconds West, in said Mayhill Road, a distance of 112.49 feet to the POINT OF BEGINNING and containing 0.216 acre of land, of which 0.073 acre lies within the existing Mayhill Road, C1107131-8 Parcel M024 EXHIBIT "A" - to Ordinance (Property Interests) ��80 Concrete Q� Monument � ��'(� Y O� Found (C.M.) u�s � ��laria��e�"dthR r . - "� _ �� A �� — �� s� I.R,S. ciT! N —� � �Or fi0 0 30 60 \ k cp •�• New Right-of-way 0.143 ac. (6,232 sq. ft.) ��s6,�G•� Existing Implied Dedication 0,073 ac. (3,191 sq, ft.) � k♦ SCALE: t" = 60' �.216 Acre (9,423 sq. ft,� Bearings shown hereon based on the Ciiy of penton GIS Network. Noah Volume Right-of-VVay o �°�• "PK" Nar� Parcel M024 � set � � � WI �� Jerry M. Kelsoe = �f � �,►, L. Turrubiarte Volume 1823, Page 134 �C � °' W a 2971, P�ge 177 1 �D M n� � o � o„ ti O `o ry `k ,� �fiI O p� A °� N � ��'' 2 � � � � �.�� , �.. �p � � '� building CJ� �,� exlstin9 31.�4� „Px„ n r�'��' S8�•� g'15� W i g� 5"w Na11 Q � �o�sa �— �.R.s. Sg� 6� �� set �� SS 918,i� ,� 9� • � 1+� � a: F.J. R. (c.n.t.) �' � I I �' '�,� . �• I I Earl Edwards and wife, Ruth Edwards Volume 1648, Page 775 EXHIB IT "B " Mayhill Road Right—of --Way Parcel M024 �.21 F aere in the M.E.F. & P.R.R. Co. Survey, Abstract Number 1469, City of Denton Denton County, Texas --2011 -- I 1 � � � I� IN 0 � 0 ti I I F,I,R• (G,M•) --- r � SS 30 99''W � v 3 � � � NOTES: . T.R.F. = 1/2" Iron Rod Found • I.R.S. = 1/2"�Iron Rod Set with yellow cap stamped "Arthur Surveying Company" �eon. . -- rthur Sur�eying Co., Inc. Frnfessional La.nd Surveyozs P.O.Box 54 — Lewiaville, Tegas 75067 Office: (972) 221-9439 Fas: (972) 221-4676 Eetatblished 1988 EXHIBIT "A" - to O'rdinance (Property Interests) �; rthur Surveying Co., I nc. �'xof��szoxa� �.��' Sxxrw'�,�tax°�' P.d. IIox 5�4 �- Lowisville, TeZ�s 75�G7 Otiic4: (9'72) 221-9439 •-- F<1x: (97�) 221-4675 EXHIBIT 6GA" 60' TEMP�RAR�' COIVSTRUCTION EA5EMEI�T 0.152 Acre City of ]Dea�ton, Denton County, 'I'eacas BEII�lG all that certain lot, tract o�• parcel of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number 1469 and being part of that certain h�act of land described by deed to Jeiry M. Kelsoe, recorded in Volume 1823, Page 134 of tbe ReaI Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more particularly described as follows: COMMElo1CIAiG at a"PK" Nail set in Mayhill R�ad foz� the southeast coz�n.er of said Kelsoe tract and the northeast cornex of a tract oP land described tiy deed to Ba� 1 Edwards and wife, Ruth Edwards, recorded in Volume 1546, Page 775, R.P,R.D.C.T,; . THE1vTCE South 80 degrees 18 minutes 15 seconds West, with the south line oi said Kelsoe tract and the not�th line of said Edwards t�•act, a distance of 66.55 feet tQ a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for the POIl�i'I' OF BEGJloT1oTING; THENCE South 80 degrees 18 minutes 15 seconds West, continuing with the south line of said Kelsoe tractand the noirth line of said Edwards t�act, a distance o£ 107.32 feet to a point for Che southwest corner of said Kelsoe tract and the southeast comer of a tract of land described by deed to Noah T,. Turrubiarte, recorded in Volume 2971, Page 177, R.P.R.D.C.T., and being in the north line of said Edwaa•ds tract; THENCE North 02 degrees 46 minutes 16 seconds West, with the west line of said Kelsoe tract and the east line of said Tunubiarte tract, a distance oE 60.44 feet to a po3nt for cornez•; THEI�TCE North 80 degrees 18 minutes I S seconds East, over and across said Kelsoe tract, a distance of 113 31 feet to a point for corner; THENCE South 02 degrees 46 minutes 43 seconds West, over and across said Kelsoe tract, a distance of b 1.45 feet r� rt,P pc�r�iT nF BEGIloT10II1�TTG aad containing 0.152 acxe of land, more or less. C1107131-40 Parcel M024 Easement EXHIBIT "A" - to Ordinance (Property Interests) � ��o Concrete �, Monument 4�°e�'��!. Found (C.M.) �p S �i,�a±�°�leWidthRO'�1� � � � o 's ��• S � #2 A \ . �� 2,g �'ty � I \ \ I ��? � � � � � til ,.�A Noah L. Turrubiarie � � derxy M. Kelsoe � Volume 2971, Page 177 Volume 1823 Page 134 ��I , o� Propose � I z Rr9ht—of—! ��q Porcel MG �� N$oo��1�.31� � � �' � � - � 0.1.52 Acx� � � � � �� , 64' TemP°�a�' enti I N� ,� � � Eas�m o <r � tructxan �� I CoriS �6 619 Sq• �"s � rs � $8 66 55' � � �-�' �32 I � 1 /ay ?4 I Set �l� g80�842' W��B� g��'S�I� lo � 92• � � F.l, R. � (C. M.,) ' � P� o. Be � � � �� N I � � Earl Edwards and � wife, Ruth Edwards �y Volume 1646, Page 775 c°n I � � I (�.M•) � � J S80'18'19 ��W 30.9 EX�-II� IT , ° �' ► Parcel NI424 64 g T'emporar� Constr°uction E�s�rnent 0.152 �cre in the �r.�.�e � �.�e�, c�. su�e�a Alastr�ct Nur.n.ber 1469, . C1$� of .Den.ton Der'.ton Cotxz�..ty, iexa►s -- 2012 -- � 60 0 34 60 SCALE; 1"=60' Bearings showu hereon based on the City of Dentou GIS Network. � �� b � � � � NOTES: o I.R.P. = 1/2" Tron Rod Fouud • I.K.S. =1/2" Iron Rod Set witlt yellow cap staniped "Arthur Surveying Compauy" � Implied Dedicatiou = apparent prescriptive right-of-way. ereon. U`-' ' '" � rthur Surveyin� Coo, Inc. ��SS�� .�.�a s��,�� P.O.Bax fi4 — Lewisaille, Tesas 75067 Office: (972) 221-9439 Faa: (972) 221-4875 Eetatblished 1986 PURCHASE AGREEMENT NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. THIS PURCHASE AGREEMENT (the "Agreement") is dated , 2012, but effective as of the date provided below, between Jerry M. Kelsoe ( eferred to herein as "Owner") and the City of Denton, Texas ("City") WITNESSETH: WHEREAS, Jerry M. Kelsoe is the Owner of a tract of land (the "Land") in the M.E.P. & P.R.R. Co. Survey, Abstract Number 1469, being affected by the public improvement project called the Mayhill Road Widening and Improvements Project ("Project"); and WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii) an easement in, along, over, upon, under and across, a portion of the Land, each related to the Project; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary real property interests for the Project; NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acicnowledged, the parties agree as follows: 1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special Warranty Deed (herein so called), conveying to the City, subject to the reservations described below, the tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain Special Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being attached hereto as Attachment 1 and made a part hereof; and (ii) a Temporary Construction, Grading and Access Easement (the "Easement"), in, along, upon, under, over and across the tract of land being described in Exhibit "A" and depicted in Exhibit "B" (the "Easement Lands"), to that certain Temporary Construction, Grading and Access Easement, attached hereto as Attachment 2 and made a part hereof, for temporary construction, grading and access purposes, as more particularly described therein. The (i) Special Warranty Deed shall be in tbe form and upon the terms as attached hereto and incorporated herein as "Attachment 1"; and (ii) the Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 2" (the Fee Lands and the Easement are collectively referred to herein as the "Property") B. Owner, subject to the limitation of such reservation made herein, shall reserve, for himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Fee Lands. Owner, his heirs, devisees, successors and assigns, shall not have the right to use or access the surface of the Fee Lands, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Fee Lands for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" sha11 include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Fee Lands; and (ii) all substances which are at or near the surface of the Fee Lands. The intent 2 of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and a11 areas above the surface of the earth. 2. As consideration for (i) the granting and conveying of the Fee Lands and the Easement to the City; and (ii) damages to the Owner's remaining Property, the City shall pay to Owner at Closing the sum of Two Hundred Ninety Nine Thousand Seven Hundred Ninety Six and No/100 Dollars ($299,796..00). The monetary compensation prescribed in this Section 2 is herein referred to as the "Total Monetary Compensation". 3. In addition to the Total Monetary Compensation, and being a component part of the Project, the City shall, at its sole cost and expense, demolish, remove and dispose of the commercial structure bisected by the Project and located within the Fee Lands and Easement Lands, Owner expressly stipulating that such commercial structure is to be demolished as part of, or related to, the Project. The work prescribed in this Section 3 is herein referred to as the "Demolition Work". 4. The Owner shall convey and grant to the City the Fee Lands and the Easement free and clear of all debts, liens and other encumbrances (the "Encumbrances"). The Owner shall assist and support satisfaction of all closing requirements of the City in relation to solicitation of releases or subordinations of the Encumbrances and other curative efforts affecting the Fee Lands andlor Easement Lands, if necessary in the discretion of the City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a default hereunder, although Owner may otherwise be in default under Section 11, below. However, if the Encumbrances are not cured as provided herein, City has the option of either (i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement; or (ii) 3 terminating this Agreement by notice in writing to Owner, in which latter event Owner and City shall have no further obligations under this Agreement. 5. Owner stipulates that the Total Monetary Compensation payment and the Demolition Worlc constitute and include all compensation due Owner by City related to the Project, including without limitation, any damage to or diminution in the value of the remainder of Owner's property caused by, incident to, or related to the Project, value of, damage to and/or costs of repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any other structure or facility of any kind, including without limitation, commercial structures located within the Easement Lands and/or Fee Lands, related to activities conducted pursuant to the Easement or City ownership of the Fee Lands, interference with Owner's activities on the Easement Lands or other property interests of Owner, caused by or related to activities within the scope of the rights granted by the Easement, whether accruing now or hereafter, and Owner hereby releases for themselves, their heirs, devisees, successors and assigns, City, it's officers, employees, elected officials, agents and contractors from and against any and all claims they may have now or in the future, related to the herein described matters, events and/or damages. 6. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC, 525 South Loop 288, Suite 125, Denton, Texas 76205 ("Title Company"), with said Title Company acting as escrow agent, on the date which is 180 days after the Effective Date, unless the Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the next resulting business day. 7. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. Ad valorem t�es relating to the Fee Lands for the calendar year in which Closing shall occur sha11 be prorated between Owner and City as of the Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which 4 Closing shall occur is lcnown. The result of such proration is that the Owner shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to Closing) and City shall pay for those taxes attributable to the period commencing as of the Closing Date. All other typical, customary and standard closing costs associated with this transaction shall be paid specifically by the City, except for Owner's attorney's fees, if any, which shall be paid by Owner. 8. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this Agreement. 9.A. In the event Owner shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of default and opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance. B. In the event City shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of default and opportunity to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by written notice of such election to City; or (ii) enforce specific performance of this Agreement. 10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 11. From and after the Effective Date of this Agreement, through and including the Closing Date, Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; (ii) enter into any Agreement that will be binding upon the Fee Lands or upon the Owner with respect to 5 the Fee Lands after the date of Closing; or (iii) enter into any agreement that will be binding on the Easement Lands, or upon Owner with respect to the Easement Lands, prior to the termination of the Easement. 12. Any notices prescribed or allowed hereunder to Owner shall be in writing and shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: OWNER: CITY: Jerry M. Kelsoe City of Denton Paul Williamson Real Estate and Capital Support 901-A Texas Street Phone Denton, Texas 76209 Telecopy: (940) 349-8951 Copies to: For Owner: For Citv: Telecopy: Richard Casner, Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 13. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. Time is of the essence with respect to this Agreement. Relocation advisory services and relocation financial assistance, if applicable pursuant to Ordinance No. 2012-073 (the "Relocation Ordinance"), shall be administered as provided by the Relocation Ordinance, aside and apart from the transaction contemplated by this Agreement. � 14. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Special Warranty Deed and/or Easement. 15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are threatened or initiated by any entity or party other than the City that might result in the taking of any portion of the Property, City may, at its election, terminate this Agreement at any time prior to Closing. 16. Authority to take any actions that are to be, or may be, talcen by City under this Agreement and/or Easement, including without limitation, adjusting the Closing Date of this Agreement and/or the termination date of the Easement, are hereby delegated by City, pursuant to action by the City Council of Denton, Texas, to Franlc Payne, City Engineer of City, or his designee, CITY OF DENTON, TEXAS � By: GEORGE C. CAMPBELL, CITY MANAGER Date: , 2012 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY; Date: , 2012 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY _ (� EY: � �� c � Date: �/.Ll,l,�[. % _, 2012 U]h'/►1 �l.� JERRY M. KELSOE Date: , 2012 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of one (1) executed copy of this Agreement. Title Company agrees to comply with, and be bound by, the terms and provisions of this Agreement and to perform its duties pursuant to the provisions of this Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources, LLC 525 South Loop 288, Suite 125 Denton, Texas 76205 Telephone: (940) 381-1006 Telecopy: (940) 898-0121 : Printed Name: Title: Contract receipt date: , 2012 � ATTACI-�V�NT 1 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS COUNTY OF DENTON . KNOW ALL MEN BY THESE PRESENTS: That JERRY M. KELSOE (referred to herein as "Grantor"), not joined by his spouse due to the Property (as defined below) comprising no part of the homestead of Grantor and spouse, for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described on Exhibit "A" and depicted on Exhibit "B", both attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property"). Grantor, subject to the limitation of such reservation made herein, reserves, for himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, his heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Properly, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanlcs or tanlc batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. Exceptions to conveyance and warranty: [Insert Permitted Exceptions, if any] TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. Page 2 of 3 EXECUTED the day of , 2012. JERRY M. KELSOE ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on , 2012 by Jerry M. Kelsoe. Notary Public, State of Texas Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, TX 76209 Page 3 of 3 My commission expires: Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 EXHIBIT A- to Special Warranty Deed rthur Surv�ying Ca., I nc. �x�of�essxo.n� L�� Sxxrare,�oxs P.O. Sox 54 �• Lewisville, Texas 75067 pf�ice: (972) 221-9439 -� F'a.x: (97�) 221-4675 EXHIBIT "A" MAYHILL ROAD RIGHT-OF-WAY PARCEL M024 0.216 Acre City of Denton, Denton County, Texas BETNG all that certain lot, tract or parcel of land situated in the M,E.P. & P.R.R. Co. Survey, Abstract Number 1469 and being part of that certain tract of land described by deed to Jerry M. Kelsoe, recorded in Volume 1823, Page 134 of the Real Property Records of Denton County, Texas (R.P.R,D.C.T.}, and being more particularly described as �ollows: BEGINNING at a"PK" Nail set in Mayhill Road for the southeast corner of said Kelsoe tract and the northeast corner of a tract of land described by deed to Earl Edwards and wife, Ruth Edwards, recorded in Volume 1546, Page 775, R,P.R.D.C.T; THENCE South 80 degrees 18 minutes 15 seconds West, with the south line of said Kelsoe tract and the north line of said Edwards tract, a distance of 66.55 feet to a 1/2 inch ixon rod with yellow cap stamped "Arthur Surveying Company" (A.S.C,) set for corner; THENCE Noz�th 02 degrees 46 minutes 43 seconds East, ove�� and across said Kelsoe tract, a distance of 178.06 feet to a I/2 inch iron rod with yellow cap stamped "A.S,C." set fo►• corner in a northeasterly line of said Kelsoe tract and a southwesterly right-of-way line of U.S. Highway No. 380; THENCE South 48 degrees 53 minutes 46 seconds East, with a southwesterly right-of-way line of said U.S, Highway No. 380, a distance of 82.56 feet to a"PK" Nail set in said Mayhill Road for corner; THENCE South 02 degrees 40 minutes 25 seconds West, in said Mayhill Road, a distance of 112.49 feet to the POINT OF BEGINNING and containing 0.216 acre of land, of which 0.073 acre lies within the existing NTayhill Road, Cl L07131-8 Parcel M024 EXHIBIT B- to Special Warranty Deed � �80 Concrete Q� Monument � �''((�� Found (C.M.) u.� � �yar1abwAathR�� ` � . ��. _ �� ?�,s� J,R.S. �Q � � � � ° b0 0 30 60 \ �p S..r'. New Right-of-way 0.143 ac. (6,232 sq, ft.) "� ��s6,�6>� Existing Implied Dedication 0.073 ac. (3,191 sq, ft.) k♦ SCALE: 1" = 60' 0.216 Acre (9 423 s ft. Bearings shown hereon based on the Ciiy of � q• ) 2 Denton GIS Network. Right-of-Way o �'�• °PK" Nan Parcel M024 � set ~ � �� „ Icv Jerry M, Kelsoe W� w ^' � �� Noah L. Turrubiarte Volume 1623, Page 134 �) �' W� Volume 2971, Page 177 1 �p � a;� a � � � � �r� .0 �f p � �i Mr�) z A �, O '� Z� ,�a�: 1� �. O. �, � '��• buildln9 � existln9 �� 31,44� „P�„ . �°b�' SS�.� g�15; w ig� 5'�w Na;l � �� ' � I.R.S. SS� Set �5"W � _ - 66.�6' O� S8�'18�2' bt9 • � �� 92. , F.f.R. `� (C.�u.) � '�' ��. I J "Q � �,Q • �• I I I . � 0 � � 13 I� Earl Edwards and "�o� wife, Ruth Edwards I c.� Volume 1546, Page 775 c°n i � I (C.M•) _� ^ � 5$ 3o ss W EXHIB IT "B " Ma yhill Road Right—of --Way Parcel M024 �.216 acre in the M.E.P. & P.R.R. Co. Survey, Abstract Number 1469, City of Denton Denton County, Texas -- 2011 -- � v � � � � NOTES: • I,R.F. = 1/2" Tron Rod Found • I.R.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Corapany" •eon. . -�. rthur Surveying Co., Inc. p,noPessional Lana surveyoss P.O.Box 54 — Lewieville, Teaas 75afl7 Office: (972) 221-9439 Fag: (972) 221-4675 Estatblished 1988 ATTAC�IlVIENT 2 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT THE STATE OF TEXAS , COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Jerry M. Kelsoe (referred to herein as "Grantor"), not joined by his spouse due to the Property (as defined below) comprising no part of the homestead of Grantor and spouse, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, 215 East McKinney Street, Denton, Texas 76201, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a temporary construction, grading and access easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the M.E,P. & P.R.R. Co. Survey, Abstract Number 1469, to wit: PROPERTY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B", BOTH ATTACHED HERETO AND MADE A PART HEREOF It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, may remove from the Property above described, such fences, signage, buildings and other obstructions as may now be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under, over and across said Property. It is specifically stipulated by Grantor that the scope of the access, construction and grading activities shall include the clearing and removal of the commercial structure and vegetation and trees that exist within the Property. The City of Denton, its agents, employees, contractors, worlcmen, and representatives shall have the right of ingress, egress and regress in, along, upon, under, over and across said Property for the purpose of access, construction and grading activities and other activities prescribed herein, or any part thereof. The term of this Temporary Construction, Grading and Access Agreement shall commence on the date of the execution hereof by Grantor and terminate one (1) year after such date. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the GRANTOR; By: Jerry M. Kelsoe THE STATE OF TEXAS COUNTY OF day of � � Date: ACKNOWLEDGMENT This instrument was acknowledged before me on 2012. 2012. 2012, by Jerry M. Kelsoe. Notary Public, in and for the State of Texas My Commission Expires: 2 Accepted this day of , 2012, for the City of Denton, Texas (Ordinance No. 2012-�. I� Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson EXHIBIT A- to Temporary Con'struction, Grading and Access Easement � rthur Surveying �o., Inc. �'xo.�E'e�.�i.ox:e�.E �.�,�x� .:S'xrx�e,y�ax^��' p,0. Bo.c 54 � T evvisville, TeL�.s 75UG7 C�f�ice: (9'72) 227.-9439 --- F�a: (972) 22'i-4675 EXHIBIT "A" 60' TEMPORARY COl`1STRUCTIOleT EA�ElOiIEIoTT 0.152 Acre City of De�xton, Denton Count�y, �'exas BEII�IG all that certain lot, tract o�• parcel of land situated in the M,E.P. & P.R,R, Co, Survey, Abstract Nurr�ber 1469 and being part of that certain t�act of land described by deed to Jerry M. I�elsoe, recorded in Volume 1823, Page 134 of the Real Property Records of Denton County, Texas (R.P.RD.C.T.), and being more particularly described as follows: COMME1�CIl0iG at a"PK" Nail set in Mayhill Road for the southeast coiner of said Kelsoa tract and the northeast cornez• of a tract of land described by deed to Earl Edwards and wiFe, Rutli Edwards, recorded in Volume 1�546, Page '775, R.P,R.D.C.T.; . THEIoTCE South 80 degrees 18 minutes 15 seconds West, with the south line of said Kelsoe tract and tha north line of said Edwards tract, a distance of 66.55 feat to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for the POINT OF BEGIi�I�TING; THE1�iCE South 80 degrees 18 minutes 15 seconds West, continuing with the south line of said Kelsoe tractand the north line of said Edwards t�act, a distan.ce of 107.32 feet to a point for the southwest corner of said Kelsoe tract and the southeast corner of a tract of land described by deed to Noah L. 'I�rrubiarte, recorded in Volmne 2971, Paga 177, R.P.R.D.C.T., and being in the north line of said Edwards tract; THEI�TCE Narth 02 degrees 46 minutes 16 seconds West, with the west line of said Kelsoe tract and the east line of said Tunubia��te tract, a distance of 60,44 feet to a point foz� corner; THE1mICE North 80 degrees 18 ininutes 15 seconds �ast, over and across said I�elsoe tract, a distance of 113.31 feet to a point for corner; THENCE South 42 degrees 46 minutes 43 seconds West, over and across said Kelsoe tract, a distance of 61,45 feet r� +t,P pc�rnT'T nF BEGII�NI1vG and containing 0.152 acxe of land, more or less, C1107131-40 Parccl M024 Easement EXHIBIT B- to Temporary Construction, Grading and Access Easement � �� Concrete � o Monumen t � �`� � Found (C.M.) �� atiablB�Y'dthROWi d � � , ��. s ----1 ' � �229A�'� ! �\ a 1 ��I °�° � ` � ,� N � ��, !� Noah L, Turrubiaria ,� derry M. Kelsoe � Volume 2971, Page 177 �' Volume 1823, Page 134 �� I �s.��, z� Proposed 0 Righk—of—Way ��9 Parce! M024 �� 84°iS��E 1� 3�' o° �+' '~ � � � �, � I p.15� A.cr� � ��',- �� c - � oxar�' � o � .¢.• � 60� Temp ase� I ti i 011 N �o � O ,.PK� ��. � � � C��gtC (�'619��. �.� � S' � Sg 6fi 55,��y� Set �• , � g� � 32 ��, S8 92 42 �w� �soo�,1��r 147• F.I.R. I (C.M..) � � � Ps �♦ �e � � � �y , � �N I � Earl Edwards and � wife,� Ruth Edwards I c.� Volume 1546, Page 775 � v°, I I �.I, R• (C.M•) �� — � S8�•�8'15"w 30.99 EX�-II�IT "�„ Parc�l N.io24 64 � T'empor�r�r �onstruction Easernent 0.152 acre iri the �r.�.�e � �.Re�e c�. su��, �i�3StP�C� �illill7�I' l��g, C1tjr of Den.toil Dento.�. County, Texas -- 2012 -- � 60 0 30 60 SCALE; 1" = 60' Bearings shown l�ereon based oii tlie City of Dentou QIS Network. � wl � b � �� IOTES; • I.R,I', = 1/2" Irai Rod Eound v I.R,S, = 1/2" Irou Rod Set with yellow cap stamped "Arti�ur Surveying Company" v Implied Dedication = appazent prescriptive right-of-way. ereon. UV ' ' � rthur Surveyin� Co., Inco Frotiession�l.�,and Sutvc3Po� P.O.Bos 54 — Lewisville, Tesaa 75087 Office: (972) 221-9�439 Fag: (972) 221-4875 Estatbliehed 1986